In a complex case, Kellam said there had been a “failure to afford procedural fairness amounts to error of the law. Because we’re unable to identify the evidentiary basis of the finding, ‘the actions of Cripps were in the bumping of an opponent’, we conclude findings of the jury were unreasonable”.
The appeal board’s decision has left many in the industry confused, for the league had made it clear over the off-season that players had a duty of care to each other, and any player which chose to bump had to live with the consequences, should it go awry, particularly if the player hit was concussed.
Callum Ah Chee left the field and was found to have concussion after his collision with Patrick Cripps.Credit:Getty Images
The league has strengthened its concussion protocols recently, fearing a class action from disgruntled former players impacted by head knocks.
AFL executive general manager of football Andrew Dillon – one of the leading contenders to replace Gillon McLachlan as league chief – said it was too early to indicate whether the decision would prompt changes in regulations or tribunal procedures. However, Dillon said the league would act if needed.
“The health and safety of our players is of paramount importance to the AFL and we will continue to evaluate and, where necessary, act to prioritize that objective in relation to the occurrence of concussion and other injuries in the playing of our game,” Dillon said.
King, the two-time North Melbourne premiership player and a long-time concussion advocate, said the ruling was bewildering.
“It contradicts everything that we’ve been talking about for the last three to four years about protecting the head,” King said on SEN.
“This, in my opinion, is not as a line ball as what others think. I was staggered by the AFL counsel Nicholas Pane last night. He said he was adamant a player could contest the ball whilst watching with eyes on the ball and still maintain the action of bumping an opponent – I think they’re two different things.
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“You’re either contesting the ball or you’re bracing or bumping. They’re not the same.
“I think the game’s never been more lost than what it is now. No one knows what dissent is, no one knows what holding the ball is, no one knows what protecting the head is anymore, no one knows what’s a fair contest and what isn’t, we’ve got no idea on basics of the game that we’ve always had a clear understanding of. We’ve never been more lost than what we are right now.”
Carlton coach Michael Voss said the decision was “clearly good news”, for the Blues now had their captain for the crucial final two rounds, with the team battling to hold on to a finals berth.
Voss said the Blues had always maintained Cripps had been playing the ball, and hoped the appeals board had brought clarity.
“The game still lends to even contesting the ball. That has not changed and the rules state it that way,” he said.
“It probably played out as we hoped. Our read on it at the start, we maintained, and thankfully the appeals board saw it that way as well.”
AFL great Leigh Matthews said he was surprised the ban had been overturned.
“It’s not a travesty of justice, or anything like that, because I think it’s a very fine line on this particular incident… most of us who have looked at it think it’s probably more careless than incidental. It’s in the margins, this one,” Matthews said on 3AW.
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